CHAPTER 350 NATIONAL INSURANCE APPOINTED DAY SELF-EMPLOYED PERSONS

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1 CH.350 2] CHAPTER 350 S.I. 47/1976 APPOINTED DAY SELF-EMPLOYED PERSONS (SECTION 1) The Minister, by Notice, appointed the 5th day of April, 1976, as the date on which the provisions of the National Insurance Act relating to self-employed persons came into operation. (BENEFIT AND ASSISTANCE) REGULATIONS ARRANGEMENT OF REGULATIONS 1. Citation. 2. Interpretation. PART I CLAIMS 3. Claims to be made in writing. 4. Supply of claim forms. 5. Claims not on appropriate forms. 6. Information to be given when making claim for benefit or assistance. 7. Date of claim. 8. Amendment of claim forms. 9. Interchange with claims for other benefits under the Act. PART II PAYMENTS 10. Time and manner of payment of injury benefit, sickness benefit or sickness assistance, maternity benefit and unemployment benefit. 11. Time and manner of payment of pensions. 12. Board may make other arrangements for payment of pension in certain cases. 13. Conditions relating to payment of pension. 14. Entitlement to receive benefit or assistance. 15. Extinguishment of right to sums payable by way of benefit or assistance which are not obtained within the prescribed time. 16. Information to be given when obtaining payment for benefit or assistance. PART III MEDICAL CERTIFICATION 17. Certificates of incapacity and confinement. STATUTE LAW OF THE BAHAMAS LRO 1/2010

2 [CH PART IV GENERAL BENEFITS Retirement Benefit 18. Entitlement to retirement benefit and duration thereof. 19. Rate of retirement benefit. 20. Date of retirement immediately following invalidity benefit. 21. Award of retirement benefit between the age of sixty and sixty-five years. Invalidity Benefit 22. Entitlement to invalidity benefit and duration thereof. 23. Rate of invalidity benefit. Survivors Benefit 24. Order of priority. 25. Further conditions affecting title of widow or widower. 26. Further conditions affecting parents. 27. Rate increase for retirement, invalidity and survivor s benefit. 28. Entitlement to orphan benefit and duration thereof. 29. Rate of orphan s benefit. 30. Increase in certain retirement benefits, invalidity benefits and survivor s benefits. 30A. Increase in certain retirement benefits, invalidity and survivor's benefit. Sickness Benefit 31. Entitlement to sickness benefit. 32. Conditions which must be satisfied. 33. Rate of sickness benefit. 34. Effect of statutory benefit on contractual benefit. Maternity Benefit and Maternity Grant 35. Entitlement to maternity benefit. 36. Conditions for award of maternity benefit. 37. Duration of maternity benefit. 38. Rate of maternity benefit. 39. Effect of statutory benefit on contractual benefit. LRO 1/2010 STATUTE LAW OF THE BAHAMAS

3 CH.350 4] 40. Support of claim to maternity benefit. 41. Certificate of confinement. 42. Disqualification. 43. Incapacity for work immediately following the cessation of entitlement to maternity benefit. 44. Maternity grant. Funeral Benefit 45. Entitlement to funeral benefit. 46. Persons who may receive funeral benefit. 47. Amount of funeral benefit. 47A. Entitlement to unemployment benefit. 47B. Claims. 47C. Conditions to be satisfied. 47D. Duration. 47E. Rate of benefit. 47F. Disqualification for unemployment benefit. 47G. Duration of disqualification and effect on benefit and contributions. 47H. Loss of employment through trade dispute. 47I. Refund to Director. PART V INDUSTRIAL BENEFITS Injury Benefit 48. Meaning of injury benefit period. 49. Entitlement to injury benefit; benefit days. 50. Rate of injury benefit. 51. Adjustment of employer s sick leave payment. Disablement Benefit 52. Entitlement of disablement benefit. 53. Duration of disablement benefit and manner of payment. 54. Rate of total disablement benefit and disablement grant. 55. Increase of disablement benefit during hospital treatment or incapacity for work. 56. Assessment of degree of disablement. 57. Additional amount for disablement. 58. Successive accidents. Death Benefit 59. Order of priority for entitlement to death benefit and quantum. 60. Death benefit: further conditions affecting title to widows or widowers. 61. Rate of death benefit for orphan. 62. Further conditions affecting title of parents. 63. Entitlement of other dependants to death benefit. 64. Increase in certain disablement benefits and death benefits. 65. Rate increase for disablement and death benefit. STATUTE LAW OF THE BAHAMAS LRO 1/2010

4 [CH A Increase in certain disablement benefits and death benefits. Funeral Benefit 66. Entitlement to funeral benefit. 67. Amount of funeral benefit. Prescribed Diseases 68. Entitlement to industrial benefit and funeral benefit in respect of prescribed diseases. 69. Prescribed disease presumed to be due to nature of employment. 70. Date of development. 71. Recrudescence. 72. Sequelae or resulting conditions. 73. Disease other than prescribed diseases. PART VI INDUSTRIAL BENEFIT MEDICAL CARE 74. Entitlement to medical care. 75. Contents of medical care. 76. Purpose of medical care. 77. Medical care free of charge. 78. Pharmaceutical products. 79. Patient s consent to in-patient treatment. 80. Board may enter into agreement with the Minister of Health for provision of services. 81. Board may enter into agreement with other providers of medical care. 82. Medical case histories. 83. Confidential nature of personal health, etc. information. 84. Obligations of patient. 85. Refund of cost of medical care in emergency and exceptional circumstances. 86. Conveyance of insured person. 87. Interim arrangement. 88. Travelling and other expenses in relation to medical care. PART VII ASSISTANCE 89. Persons not entitled to assistance. Old Age Non-contributory Pension 90. Award and duration of old age non-contributory pension. Invalidity Assistance 91. Award and duration of invalidity assistance. Survivor s Assistance 92. Award and duration of survivors assistance. LRO 1/2010 STATUTE LAW OF THE BAHAMAS

5 CH.350 6] Sickness Assistance 93. Award and duration of sickness assistance. Rates of Assistance 94. Rates of assistance. PART VIII COMMON PROVISIONS RELATING TO BENEFIT AND ASSISTANCE 95. Determination of invalidity and certification of permanent incapacity for work. 96. Disqualification. 97. Manner of claiming sickness and injury benefit or sickness assistance. 98. Duration of sickness benefit or sickness assistance. 99. Minimum amount of benefit PART IX MISCELLANEOUS PROVISIONS 100. Persons unable to act Payment on death Entitlement to more than one benefit or type of assistance Credit contribution Special provisions relating to persons absent, abroad Payment of benefit or assistance for which person is eligible under regulation Special provisions to persons undergoing imprisonment or detention in legal custody Notice of accident Obligations of employers in relation to accidents Accidents in the course of illegal employment, etc Transitional provisions for persons 35 years and above on appointed day Penalty. FIRST SCHEDULE Rules for Medical Certification SECOND SCHEDULE Rules for Certification of Confinement THIRD SCHEDULE Amounts of Disablement Benefit Payable in the form of a Grant. FOURTH SCHEDULE Prescribed Degrees of Disablement. FIFTH SCHEDULE Schedule of Prescribed Diseases. SIXTH SCHEDULE Self-Employed Persons Eligible to Receive Industrial Benefits. SEVENTH SCHEDULE STATUTE LAW OF THE BAHAMAS LRO 1/2010

6 [CH (BENEFIT AND ASSISTANCE) REGULATIONS (SECTIONS 2(1), 16, 21(2), 23, 24, 26, 27, 29, 33, 36, 37, 59 and 62) [Commencement 1st October, 1984] 1. These Regulations may be cited as the National Insurance (Benefit and Assistance) Regulations. 2. (1) In these Regulations, unless the context otherwise requires Act means the National Insurance Act; appropriate place means the Head Office or local office at which a pension is payable in any particular case; basic wages means the wages (including payment in lieu of notice) for a period of work, whether weekly or monthly, payable for a normal period without overtime, severance pay or other additional payments as either agreed between the employer and the employed person or recognised as normal for the employment; weekly basic wages means six twenty-sixths of the monthly basic wages; cohabitation means a man and a woman living together in such a way as husband and wife whether or not there is an impediment to the persons being lawfully married; confinement means labour resulting in the issue of a living child or labour after twenty-four weeks of pregnancy resulting in the issue of a child whether alive or dead; contribution week has the same meaning as in the National Insurance (Contributions) Regulations; contribution year means the year beginning with the first Monday in July of each year and ending with the week of the last Monday in June of the following year; S.I. 70/1984 S.I. 57/1985 S.I. 62/1992 S.I. 55/1993 S.I. 84/1998 S.I. 66/1999 S.I. 46/2004 S.I. 95/2004 S.I. 36/2005 S.I. 31/2007 S.I. 40/2009 S.I. 51/2009 S.I. 54/2009 Citation. Interpretation. Ch S.I. 46/2004. S.I. 51/1984. LRO 1/2010 STATUTE LAW OF THE BAHAMAS

7 CH.350 8] a credit means a contribution which has been credited to an insured person; to credit means to grant an insured person a credit pursuant to these or any other Regulations in lieu of a paid contribution; day means a period of twenty-four hours beginning at midnight or any other hour of any day (as may be prescribed) and ending at midnight or such other hour (as the case may be) on the following day; the deceased in relation to survivor s benefit and death benefit means the person in respect of whose death the benefit is claimed or payable; degree of disablement means the loss of faculty suffered as a result of the relevant injury expressed in whole numbers as a percentage of total loss of faculty; dependant means (a) in relation to a deceased person, such member of his family as was wholly or partially dependent upon the income of the deceased at the time of his death, or would but for his temporary incapacity for work or, in relation to Industrial Benefits the relevant injury, have been so dependent; and, where the deceased being the parent or grandparent of an illegitimate child leaves such child so dependent upon his income, or, being an illegitimate child, leaves a parent or grandparent so dependent upon his income, shall include such an illegitimate child and parent or grandparent respectively; and (b) in relation to a beneficiary, such member of his family under the age of sixteen years who was or would, but for posthumous birth, have been a dependant of the deceased person and has become wholly or partially dependent upon the income of the said beneficiary; but so that a person shall not be deemed to be a partial dependant of any other person unless he was dependent partially on, or on financial support from, that other person for the provision of the ordinary necessities of life; STATUTE LAW OF THE BAHAMAS LRO 1/2010

8 [CH determining authority means, as the case may require, the Board or the Director, an appeal tribunal or a medical referee or medical appeal board appointed or constituted in accordance with any Regulations for the time being in force under the Act; economic employment means gainful occupation as an employed or self-employed person, the earnings from which exceed fifty per centum of the ceiling on insurable wages; employment injury means personal injury which is caused by accident arising out of and in the course of prescribed employment or selfemployment or a prescribed disease being due to the nature of such employment. entry into insurance means, in relation to any person, the date on which he first becomes an insured person under the Act; family unit means (a) two adults living together either through lawful wedlock or in a common law relationship as husband and wife with dependent children under the age of twenty-one years; or (b) an adult living with dependent children under the age of twenty-one years; funeral director means the person, by whatever name called, who contracts for the carrying out of arrangements for funerals; grant means any benefit which is payable in one sum and not by periodical payments; hospital means any institution for the accommodation and treatment of persons needing medical care, and any institution for the accommodation and treatment of persons during convalescence or persons requiring medical rehabilitation, and includes clinics, dispensaries and outpatient departments maintained in connection with any such institution as aforesaid; LRO 1/2006 STATUTE LAW OF THE BAHAMAS

9 CH ] S.I. 36/2005. household means any two or more persons, at least one of whom has attained the age of sixteen years, living together as members of a family, whether or not a state of marriage exists between any two members of such family; husband includes a person treated as if he were a husband pursuant to paragraphs (2), (3) (4) and (5) of this regulation; incapacity means incapacity by reason of which a person is rendered incapable of work; injury benefit period has the meaning assigned to it in regulation 48; insurable occupation means any occupation as an employed or self-employed person which is insurable under the Act for the benefit set out in subsection (1) of section 20 thereof; insurable wage or income means the amount given in column 2 of the Fifth Schedule and columns 3 and 4 of the Sixth Schedule of the National Insurance (Contributions) Regulations respectively for the appropriate wage or income in column 1 of the Fifth Schedule and columns 1 and 2 of the Sixth Schedule of those regulations respectively; invalid means a person who is incapable of work as a result of a specified disease or bodily or mental disablement, which is likely to remain permanent and the word invalidity shall be construed accordingly; local office means an office appointed by the Board as a local office for the purposes of the Act; medical authority means a medical referee or a medical appeal board, as the case may be; medical care means medical care of any kind set out in regulation 75 provided in accordance with these Regulations; medical examination includes bacteriological and radiological tests and similar investigations, and references to being medically examined shall be construed accordingly; medical officer of the Board means such registered medical practitioner employed by the Board who STATUTE LAW OF THE BAHAMAS LRO 1/2006

10 [CH may be designated by the Board to perform on its behalf executive duties in connection with medical matters; medical referee means a registered medical practitioner appointed to act as a. medical referee under regulation 21 of the National Insurance (Determination of Claims and Questions) Regulations; member of a family means wife or husband, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother, half-sister and any other person who was, or is, at the time in relation to which the question of dependency arises, living in the household of the person in relation to whom the question of dependency arises and was wholly or partially dependent on the last-mentioned person s income; orphan means an unmarried child under the age of eighteen years or, being above the age of sixteen but under the age of eighteen years, is receiving full-time education or training otherwise than under a contract of service under which wages are paid, or is an invalid who fulfils any of the following conditions (a) a legally adopted child on the death of his adoptive parent or parents; (b) an illegitimate child when his mother dies; (c) a child of divorced parents when the only parent with responsibility for his custody and maintenance dies; (d) a child in a single parent family when that parent dies and it is impossible to trace the other parent; or (e) a child whose parents are both dead; para-medical practitioner means a trained nurse or a person registered or enrolled under the Nurses and Midwives Act and approved or accepted by the Minister, whose function is to render medical care when or in any area where no registered medical or dental practitioner is available; S.I. 64/1974. Ch [Original Service 2001] STATUTE LAW OF THE BAHAMAS

11 CH ] Ch Ch Ch patient means a person who is or may be, or has been, entitled to medical care; payment instrument means any instrument used for payment through any office of the Board of a sum on account of any benefit or assistance and includes cheque, cash, draft, pension order, or serial order; pension means a periodical payment in respect of retirement benefit, invalidity benefit, survivor s benefit, disablement benefit (other than a grant), death benefit (other than a grant), old age noncontributory pension, invalidity assistance or survivor s assistance as the case may require; pensioner means a person to whom a pension is payable; periodical payment means a weekly payment in arrear, or a payment in arrear calculated for such longer period as may from time to time be decided by the Board; practitioner means a registered medical or dental practitioner or para-medical practitioner; registered dental practitioner means a person registered or licensed under the Dental Act; registered medical practitioner means a fully licensed medical practitioner, or a medical practitioner registered under section 13 or section 25 of the Medical Act; and registered midwife means a person registered under the Nurses and Midwives Act; relevant accident and relevant injury in relation to any benefit, mean respectively the accident or injury in respect of which that benefit is claimed or payable, and relevant loss of faculty means the loss of faculty resulting from the relevant injury; the relevant person means the person by whom the contribution conditions for benefit are, or were to be satisfied; signature means, in relation to any certificate, the name by which the person giving the certificate is usually known (any name other than the surname being either in full or otherwise STATUTE LAW OF THE BAHAMAS [Original Service 2001]

12 [CH indicated) written by that person in his own handwriting and the expression signed shall be construed accordingly; spouse includes a person treated as if he were a spouse pursuant to paragraph (2), (3), (4) or (5) of this regulation; total loss of faculty means loss of faculty resulting from an injury described in the first column of the Fourth Schedule where the degree of disablement set out in the second column thereof is given as one hundred per centum; widow and wife include respectively, a person treated as if she were a widow or a wife pursuant to paragraph (2), (3) or (4) of this regulation; widower includes a person treated as if he were a widower pursuant to paragraph (2), (3) or (4) of this regulation. (2) Where it is a condition for title to benefit or assistance that (a) a woman is the widow of any person, the Director may treat a single woman or widow, who was living with a single man or widower as his wife at the date of his death, as if she were in law his widow; (b) a man is the widower of any person, the Director may treat a single man or widower, who was living with a single woman or widow as her husband at the date of her death, as if he were in law her widower: Provided that (i) the Director is satisfied that in all the circumstances he or she should be so treated; and (ii) there was no lawful impediment to a marriage between the persons concerned. (3) Where the question of marriage or remarriage or of the date of marriage or remarriage arises in regard to the title or cessation of title of a person to benefit or assistance, the Director shall, in the absence of the subsistence of a lawful marriage and of any impediment to lawful marriage, Fourth Schedule. [Original Service 2001] STATUTE LAW OF THE BAHAMAS

13 CH ] decide whether or not the person or persons concerned should be treated as if he, she or they were married or as if he or she had remarried, as the case may be, and if so, from what date, and in determining the question the Director shall have regard to the terms of paragraph (2). (4) The determination of the Director under paragraph (2) or (3) shall, unless the context otherwise requires, have the effect of extending (as regards title or cessation of title of a person to benefit or assistance payable to a man or woman), the meaning of the word marriage to include an association between a single man or widower and a single woman or widow in the circumstances described in paragraph (2) of this regulation and for this purpose the words wife, husband, widow, widower and spouse shall be construed accordingly. (5) The expression the husband or the wife in relation to a person who has been married more than once refers only to the last husband or wife respectively. Claims to be made in writing. Supply of claim forms. Claims not on appropriate forms. Information to be given when making claim for benefit or assistance. PART I CLAIMS 3. Every claim for benefit or assistance shall be made in writing to the Director on the form approved by the Board for the purpose of the benefit or assistance for which the claim is made, or in such other manner, being in writing, as the Director may accept as sufficient in the circumstances of any particular case or class of cases. 4. Forms of claim shall be supplied without charge by the Board. 5. Where a claim for benefit or assistance has been made on an approved form other than the form appropriate to the benefit or assistance claimed, the claim may be treated as if it had been made an the appropriate form: Provided that in any such case the Director may require the claimant to complete the appropriate form. 6. (1) Every person who makes a claim for benefit or assistance shall furnish such certificates, documents, information and evidence for the purpose of determining the claim as may be required and, if reasonably so required, shall for that purpose attend at such office or place as the Director may direct. STATUTE LAW OF THE BAHAMAS [Original Service 2001]

14 [CH (2) Every person who makes a claim for benefit or assistance shall furnish, if required, the following information (a) the claimant s identity, date of birth, usual place of residence and postal address, occupation and (if he is acting as agent for a claimant) his relationship to the latter; (b) the claimant s position in regard to assistance, and where necessary for the determination of the claim, the claimant s available resources and the amounts contributed by any person towards his maintenance; and (c) in the case of a claim in respect of or based on the insurance of a wife, a husband, a widow or a widower, a certificate of the marriage, together with a declaration signed by him and (where appropriate) by the claimant that the information is true to the best of his knowledge and belief. (3) Every person who makes a claim for funeral benefit shall furnish, if required, the following information (a) a death certificate relating to the deceased; (b) the estimate or account of the funeral director; (c) in the case of any corporate body, association or other authority, the particulars referred to in subparagraphs (a) and (b) of this regulation or any other particulars relating to the deceased. (4) The Director may accept in support of claims and in the absence of the certificates or documents aforementioned (a) as proof of kinship or marriage, evidence of a trustworthy third person or documentary evidence; (b) as proof of age, extracts from baptismal records or school records or such other evidence including affidavit as he considers satisfactory. 7. For the purpose of any claim to benefit or assistance the day of receipt of the claim at an office of the Board shall be deemed to be the date of claim. Date of claim. LRO 1/2010 STATUTE LAW OF THE BAHAMAS

15 CH ] Amendment of claim forms. Interchange with claims for other benefits under the Act. Time and manner of payment of injury benefit, sickness benefit or sickness assistance, maternity benefit and unemployment benefit. S.I. 40/2009, r (1) If, owing to the absence of signature or of an incomplete declaration, a claim is defective at the date of its receipt by the Director, the Director may refer the claim to the claimant, and if the claim form is returned duly signed and completed within one month from the date on which it is so referred, the claim may be treated as if it had been duly made in the first instance. (2) Any person who has made a claim for benefit or assistance in accordance with the provisions of these Regulations may amend his claim, at any time before a decision has been given thereon, by notice in writing delivered at the office of the Board at which he made his claim, or sent to the Director, and any claim so amended may be treated as if it had been duly made in the first instance. 9. Where it appears that a person who has made a claim for benefit or assistance may be entitled to some other benefit or assistance any such claim shall be treated by the Director as a claim in the alternative for that other benefit or assistance. PART II PAYMENTS 10. Subject to the provisions of these Regulations, injury benefit, sickness benefit or sickness assistance, maternity benefit and unemployment benefit and any grant shall be paid in accordance with an award thereof, as soon as is reasonably practicable after such an award has been determined, in the following manner (a) in the case of injury benefit, sickness benefit or sickness assistance, maternity benefit and unemployment benefit, by means of payment instruments for the payment thereof payable through the Head Office or a local office of the Board, or a bank, or by cash payment in the home if the circumstances of any particular case appear to the Director to render this appropriate; (b) payments under subparagraph (a) shall be made weekly or fortnightly but, where payment is due for a period covering less than a week, there shall be paid, after the end of that period, an amount equal to the proportion of rate of benefit or STATUTE LAW OF THE BAHAMAS LRO 1/2010

16 [CH assistance (as the case may be) which the number of days in that period, (Sunday being disregarded) bears to six; (c) in the case of a grant, by means of a payment instrument for the payment thereof payable through the Head Office or a local office of the Board, or a bank, or by such other means as may appear to be appropriate in the circumstances of any particular case: Provided that a person who applies for a payment of benefit or assistance shall produce on request satisfactory evidence of his identity. 11. (1) Subject to the provisions of these Regulations, pensions shall be paid in arrears by means of payment instruments payable in each case to the pensioner, or such other method as may be approved at the Head Office or a local office of the Board or a bank as (after enquiry from the pensioner) may from time to time be determined. (2) The Board may determine, from time to time, that weekly or monthly sums on account of pensions may be payable on different days of the week or month, as the case may be. 12. Notwithstanding anything contained in these Regulations, the Board may arrange to pay pension in respect of periods less than a week or at different rates for different parts of the same week. The amount shall be the weekly amount of pension multiplied by the number of days for which pension is payable divided by seven. 13. (1) Notwithstanding anything contained in these Regulations, the Board may, in any particular case or class of cases, arrange for the payment of a pension otherwise than weekly or monthly in arrear. (2) Every pensioner shall, at such intervals as may be required by the Director but not less than twice per year, produce evidence of his continuing eligibility to receive payment of a pension, failing which the payment shall be kept in abeyance, pending the production of such evidence. 14. (1) A person making a claim for benefit or assistance shall be qualified to receive (a) in the case of injury benefit, sickness benefit or sickness assistance, the benefit or assistance payable from the fourth day of incapacity for work; Time and manner of payment of pensions. Board may make other arrangements for payment of pension in certain cases. Conditions relating to payment of pension. Entitlement to receive benefit or assistance. LRO 1/2010 STATUTE LAW OF THE BAHAMAS

17 CH ] S.I. 40/2009, r. 3. S.I. 40/2009, r. 3. (b) in the case of maternity benefit, the benefit payable from the beginning of the sixth contribution week before the week of expected confinement, or from the beginning of the contribution week following the week in which the woman stops work, whichever is the later; (c) in the case of retirement benefit, invalidity benefit, survivor s benefit, survivor s benefit (orphans), disablement benefit, death benefit, death benefit (orphans), old age non-contributory pension, invalidity assistance or survivor s assistance the benefit or assistance payable from the date of entitlement thereto; (d) in the case of funeral benefit, the benefit payable upon entitlement thereto; (e) in the case of unemployment benefit, the benefit payable from the 20th day of April, 2009 or the fifteenth day of the continuous period of unemployment, whichever is the later. To whom payable. (2) The benefit and assistance payment shall be regulated in accordance with the provisions of these Regulations and may comprise the following Benefit (i) Sickness Benefit (ii) Injury Benefit (iii) Maternity Benefit (iv) Retirement Benefit (v) Invalidity Benefit (vi) Survivor s Benefit (vii) Survivor s Benefit (Orphans) (viii) Disablement Benefit (iv) Death Benefit (x) Death Benefit (Orphans) (xi) Funeral Benefit (xii) Unemployment Benefit Assistance (i) Sickness Assistance (ii) Old Age Non-contributory Pension (iii) Invalidity STATUTE LAW OF THE BAHAMAS LRO 1/2010

18 [CH (iv) Survivors: Provided that (a) the old age non-contributory pension, invalidity or survivor s assistance payable to a person who is in the care of the Sandilands Rehabilitation Centre or any other similar institution, as an inmate, shall be made to the Institution in which the aforesaid person is an inmate. The said institution shall utilise 90% of the amount as paid for the care of the patient. The balance of 10% shall be used for the benefit of the patient or paid to him in cash; For the purposes of subparagraph (a) care of the patient includes the repair, refurbishment, improvement and expansion of the living and recreational facilities in which inmates are housed; (aa) old age non-contributory pension, invalidity or survivor s assistance benefit paid to the Sandilands Rehabilitation Centre for the care of the patient on or before the 1st day of July, 1999 and held on account by the Sandilands Rehabilitation Centre for this purpose shall, after the coming into operation of these regulations be utilized by the institution for the care of the patient; (b) in the case of a person who is an alcoholic or addicted to any other form of drug, as may be determined by the Medical Officer of the Board on the basis of facts and information, the old age non-contributory pension, invalidity or survivors assistance to which he is entitled, shall not be paid in cash to that person; instead the payment instruments for the amounts of assistance shall be made in favour of the Department of Social Welfare who shall issue periodical vouchers which cannot be encashed or be used for any other purchase other than food articles or medicines. (3) The time-limit for submission of claims in respect of benefit under (a), (b), (c) and (e) of paragraph (1) shall be six months from the day of entitlement. In the case of funeral benefit it shall be one year from the date of death. S.I. 66/1999. S.I. 66/1999. S.I. 66/1999. S.I. 66/1999. S.I. 40/2009, r. 3. LRO 1/2010 STATUTE LAW OF THE BAHAMAS

19 CH ] S.I. 55/1993. Extinguishment of right to sums payable by way of benefit or assistance which are not obtained within the prescribed time. No claim submitted after the aforesaid periods shall be admitted unless otherwise determined under paragraph (4). (4) (a) No sum shall be paid by way of benefit or assistance, other than funeral benefit, in respect of any period more than six months before the date in which the claim therefor is duly made; (b) no sum shall be paid by way of funeral benefit if the claim therefor is not made within twelve months after the date of death of the person in respect of whom the benefit is payable: Provided that the Board may waive the above provisions of limitation in individual cases if the circumstances warrant it. (5) An insured person (a) who is an employed person; (b) who has attained the upper limit of compulsory school age but is under the age of twenty-four years; and (c) whose periods of employment, in any year, commence on or after the 1st day of June, end on or before the 31st day of August, and do not exceed ten weeks in the aggregate, shall not be qualified to receive, in respect of his employment during any such periods, any benefit other than an Industrial Benefit under Part V or Industrial Benefit Medical Care under Part VI. (6) The time limit for submission of the initial claim for medical care shall be six months from the date of the occurrence of the circumstances which gave rise to the need for the medical care, except that the Board may, in exceptional circumstances, waive this time limitation if the circumstances warrant it. 15. (1) The right to any sum payable by way of benefit or assistance shall be extinguished where payment thereof is not obtained within the period of six months from the date on which that sum is receivable: Provided that the said period of six months may be extended to one year if the delay in obtaining such payment is due to circumstances beyond the control of the claimant. STATUTE LAW OF THE BAHAMAS LRO 1/2010

20 [CH (2) For the purposes of this regulation, a sum payable by way of benefit or assistance shall, subject to the provisions of paragraph (3) of this regulation and paragraph (3) of regulation 101, be receivable on the date indicated in the instrument of payment (e.g. cheque of draft or banker s order) or six months after the date on which the sum became payable whichever is favourable to the claimant. (3) Any sum payable by way of benefit or assistance to a person who is for the time being unable to act shall be receivable by the person appointed under regulation 100 of these Regulations. 16. (1) Every beneficiary and every person by whom or on whose behalf sums payable by way of benefit or assistance are receivable shall furnish, in a manner and at times determined by the Director, certificates and other documents or information affecting the right to benefit or assistance or to the receipt thereof as may be required (either as a condition on which any sum or sums shall be receivable or otherwise). (2) Every person mentioned in paragraph (1) of this regulation shall notify the Director in writing of any change of circumstances, as soon as may be practicable after the occurrence thereof, which he may reasonably be expected to know may affect the right to benefit or assistance or to the receipt thereof. (3) Any person who, without good cause, fails to notify the Director of such change of circumstances mentioned in paragraph (2) of this regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred dollars. (4) Where any sum is receivable on account of any other person, the recipient shall (in such cases or classes of cases as may be directed by the Director) furnish a declaration signed by such other person confirming the particulars respecting that other person. PART III MEDICAL CERTIFICATION 17. (1) Every person claiming sickness or injury benefit or sickness assistance shall furnish evidence of incapacity, in respect of the day or days for which the Information to be given when obtaining payment for benefit or assistance. Certificates of incapacity and confinement. [Original Service 2001] STATUTE LAW OF THE BAHAMAS

21 CH ] First Schedule. Second Schedule Entitlement to retirement benefit and duration thereof. S.I. 57/1985 claim is made by means of a certificate given by a registered medical practictioner in accordance with the rules for medical certification set out in Part A of the First Schedule to these Regulations in the form appropriate to the circumstances of the case, as set out in Part B of that Schedule or by such other means as the determining authority may accept as sufficient in the circumstances of any particular case or class of cases. (2) Every woman by whom or on whose behalf a claim for maternity benefit is made shall furnish evidence (a) where the claim is made in respect of expectation of confinement, that she is pregnant and as to the stage which she has reached in her pregnancy; or (b) where the claim is made by virtue of the fact of confinement, that she has been confined, and shall furnish such evidence by means of a certificate given in accordance with the rules for certification set out in Part A of the Second Schedule to these Regulations on the appropriate form as set out in Part B of that Schedule or by such other means as the determining authority may accept as sufficient in the circumstances of any particular case or class of cases; and, for the purposes of this paragraph, the expression certificate shall not include a certificate which is given only by the person by whom or on whose behalf the claim is made. PART IV GENERAL BENEFITS Retirement Benefit 18. (1) Subject to the provisions of these Regulations, retirement benefit shall be payable for life to an insured person who has attained the age of sixty-five years and (a) in respect of whom not less than one hundred and fifty contributions have been actually paid; and (b) in respect of whom or to whom not less than seven hundred and fifty contributions (including those mentioned in subparagraph (a)) have been paid or credited: STATUTE LAW OF THE BAHAMAS [Original Service 2001]

22 [CH Provided, however, a person who has attained the age of sixty-five years may postpone the date of receiving retirement benefit and may continue to pay contributions or to have contributions paid on his behalf in respect of his wages or income and continue to earn retirement benefit corresponding to the additional contributions made. (2) An employed person (a) receiving a retirement benefit who remains in or subsequently re-enters the same or any other insurable occupation from which he does not earn more than fifty per centum of the ceiling on insurable wages by way of wages; or (b) aged seventy years or over, shall not receive any further increase of retirement benefit for the contributions paid in respect of him in the same or subsequent insurable occupation, nor shall he be entitled to receive any other benefit except industrial benefit if he suffers personal injury which is caused by an accident arising out of and in the course of his employment, or contracts a prescribed disease due to the nature of his employment. (3) An employed person receiving a retirement benefit of less than sixty per centum of the average weekly insurable wages, and aged less than seventy years who subsequently re-enters the same or any other insurable occupation from which he earns more than fifty per centum of the ceiling on insurable wages by way of wages shall forthwith notify the Director in writing and shall be disqualified from receiving retirement benefit thereafter until he subsequently retires or attains the age of seventy years. (4) In the case of an employed person covered by paragraph (3) above, contributions shall be paid by or in respect of him for the week or weeks of disqualification. These contributions shall count towards the fulfilment of the second contribution condition for retirement benefit, so, however, that the amount of such benefit when he subsequently retires, does not exceed sixty per centum of the average weekly insurable wages on which his subsequent retirement benefit is calculated. [Original Service 2001] STATUTE LAW OF THE BAHAMAS

23 CH ] Rate of retirement benefit. (5) An insured person receiving a retirement benefit of sixty per centum of the average weekly insurable wages or income who subsequently re-enters the same or any other insurable occupation from which he earns more than fifty per centum of the ceiling on insurable wages by way of wages or income shall not receive any further increase of retirement benefit for the contributions paid by or in respect of him in the subsequent insurable occupation. (6) A self-employed person (a) receiving a retirement benefit who remains in or subsequently re-enters the same or any other insurable occupation from which he does not earn more than fifty per centum of the ceiling on insurable wages; or (b) aged seventy years or over who had previously retired from gainful occupation, shall not receive any further increase of retirement benefit for the contributions paid by him in the same or any subsequent insurable occupation, nor shall he be entitled to receive any other benefit except industrial benefit, if applicable. (7) A self-employed person aged less than seventy years receiving a retirement benefit who subsequently reenters the same or any other insurable occupation from which he earns more than fifty per centum of the ceiling on insurable wages shall be disqualified from receiving retirement benefit, but the contributions paid by him shall count towards the second contribution condition for retirement benefit. (8) If a self-employed person retires and subsequently becomes an employed person he will be subject to the provisions of paragraphs (2), (3), (4) and (5) as if he were an employed person before retirement. 19. (1) The rate of retirement benefit shall be (a) forty per centum of the average weekly insurable wage or income in respect of the first seven hundred and fifty contributions and credits (of which not less than one hundred and fifty have actually been paid); and (b) for each additional fifty contributions and credits, a supplementation of one per centum of the average weekly insurable wage or income: STATUTE LAW OF THE BAHAMAS [Original Service 2001]

24 [CH Provided that retirement benefit shall not exceed a maximum of sixty per centum of the average weekly insurable wage or income. (2) Where an insured person has paid at least one hundred and fifty contributions but in respect of whom or to whom less than seven hundred and fifty contributions have been paid or credited, he shall be paid a retirement benefit at the rate shown in column (2) of the Table below for the number of contributions and credits shown in column (1) thereof TABLE Total Contributions and Credits Benefit Payable as Percentage of Average Weekly Insurable Wage or Income Provided that the actual amount of benefit payable under this regulation up to fifth of July, 1987, shall not be less than the amount to which a person would have been entitled had the benefit been calculated as if the insurable wage or income rates under the wage-group system had been applicable as on the first day of July (3) For the purpose of paragraphs (1) and (2), the average weekly insurable wage or income shall be the sum of the average weekly insurable wage or income of the insured person during the three best contribution years out of the last ten contribution years immediately prior to the contribution year in which the age of sixty-five years is attained, or such lesser number being the number of contribution years since the Appointed Day or since the S.I. 57/1985; [Original Service 2001] STATUTE LAW OF THE BAHAMAS

25 CH ] Date of retirement immediately following invalidity benefit. Award of retirement benefit between the age of sixty and sixty-five years. date of the insured person s entry into insurance, divided by three. (4) Where the average weekly insurable wage exceeds $250, it shall be reduced by twenty-five per centum of the excess for the purpose of the above calculation. (5) Where an insured person continues in an insurable occupation after he has attained the age of sixtyfive years, and has not claimed the retirement benefit the said period of ten contributions years shall be extended up to and including the last complete contribution year before the date on which the insured person subsequently retires. (6) The average weekly insurable wage in the case of a person who by virtue of his employment is eligible for a pension payable out of the Consolidated Fund in accordance with the Pensions Act shall be subject to the ceiling of $110 per week. (7) Where an insured person makes contributions for some period of time in accordance with Part B of the Fifth Schedule to the National Insurance (Contributions) Regulations and at other periods otherwise, the retirement benefit shall be determined as shown in the Seventh Schedule to these Regulations. 20. (1) The amount of retirement benefit awarded to a person who at the age of sixty-five years is in receipt of invalidity benefit shall not be less than the amount of invalidity benefit payable to him immediately prior to that date. (2) All cases of award of retirement benefit after first October, 1981 at age 65 years to persons in receipt of invalidity benefit, shall be reviewed and the benefit at the higher rate awarded from the first day of October, Notwithstanding the provisions of paragraph (1) of regulation 18, an insured person between the ages of sixty and sixty-five years otherwise satisfying the conditions of eligibility prescribed in regulation 18 may elect to receive the retirement benefit before attaining the age sixty-five years. In that event the benefit payable shall be regulated as under (a) the amount of benefit payable at age sixty-five years appropriate to the paid and credited contributions shall be multiplied by the factor shown in column 2 of the Table below to arrive at the amount of benefit payable STATUTE LAW OF THE BAHAMAS [Original Service 2001]

26 [CH TABLE Age at Retirement Factor to be Applied to the Computed Pension (b) the award shall be final; (c) if such a person re-enters an insurable occupation, the provisions of paragraphs (2) to (7) of regulation 18 shall apply and any subsequent fresh award of Retirement Benefit shall be subject to the reduction factor that was originally applied. Invalidity Benefit 22. (1) Subject to the provisions of these Regulations, invalidity benefit shall be payable, for so long as invalidity continues, to an insured person who (a) is an invalid otherwise than as a result of employment injury; (b) has complied with the contribution conditions set out in paragraph (2) of this regulation; and (c) is under the age of sixty-five years. (2) For the purpose of subparagraph (b) of paragraph (1) the contribution conditions to be complied with are that (a) not less than one hundred and fifty contributions actually have been paid in respect of the insured person; and (b) not less than seven hundred and fifty contributions (including those mentioned in subparagraph (a)) have been paid and credited in respect of him. (3) On cessation of invalidity benefit, nothing in these Regulations shall prevent the contributions on which the said invalidity benefit was calculated from being taken into S.I. 57/1985. Entitlement to invalidity benefit and duration thereof. [Original Service 2001] STATUTE LAW OF THE BAHAMAS

27 CH ] Rate of invalidity benefit. account for the purposes of establishing title to, and the rate of, either invalidity benefit for any subsequent period or retirement benefit. 23. (1) The rate of invalidity benefit shall be (a) forty per centum of the average weekly insurable wage or income in respect of the first seven hundred and fifty contributions and credits (of which not less than one hundred and fifty have actually been paid); and (b) for each additional fifty contributions and credits a supplementation of one per centum of the average weekly insurable wage or income: Provided that the total invalidity benefit shall not exceed a maximum of sixty per centum of the average weekly insurable wage or income. (2) Where an insured person has paid at least one hundred and fifty contributions but in respect of whom, or to whom, less than seven hundred and fifty contributions have been paid or credited, he shall be paid an invalidity benefit at the rate shown in column (2) of the Table below for the number of contributions and credits shown in Column (1) thereof Total Contributions and Credits TABLE Benefit Payable as Percentage of Average Weekly Insurable Wage or Income STATUTE LAW OF THE BAHAMAS [Original Service 2001]

28 [CH Provided that the actual amount of benefit payable under this regulation up to fifth of July 1987 shall not be less than the amount to which a person would have been entitled had the benefit been calculated as if the insurable wage or income rates under the wage-group system had been applicable as on the first day of July (3) For the purpose of paragraphs (1) and (2) the average weekly insurable wage or income shall be the sum of the average weekly insurable wage or income of the insured person during the three best contribution years out of the last ten contribution years immediately prior to the contribution year in which the claim is made or such lesser number being the number of contribution years since the Appointed Day or since the date of the insured person s entry into insurance, divided by three. (4) Where the average weekly insurable wage exceeds $250, it shall be reduced by twenty-five per centum of the excess for the purpose of the above calculation. (5) The average weekly insurable wage in the case of a person who by virtue of his employment is eligible for a pension payable out of the Consolidated Fund in accordance with the Pensions Act, shall be subject to a ceiling of $110 per week. (6) Where an insured person makes contributions for some period of time in accordance with Part B of the Fifth Schedule to the National Insurance (Contributions) Regulations and at other periods otherwise, the invalidity benefit shall be determined as shown in the Seventh Schedule to these Regulations. Survivors Benefit 24. Subject to these Regulations (1) When an insured person has died otherwise than as a result of employment injury, survivors benefits shall be payable to survivors. Quantum of benefit. (2) The total benefits available in respect of survivors shall not exceed one hundred per centum of (a) the amount of retirement benefit or invalidity benefit to which the deceased was entitled at the date of his death; or S.I. 57/1985; Order of priority. [Original Service 2001] STATUTE LAW OF THE BAHAMAS